Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1887-03-10

instances ore quite unfrequent, wherein
strictly innocent person is forced with
the shadow or cloud Of criminal accus
alton. The genius Of pure manhood in
tuively inspires the human mind, with
sense Of cautiousnsss which restrsins
the individual from wandering in strange
and forbidden paths. Aud yet, the eye
of honest suspicion, does, sometimes,
look upon the innocent, and he must un-
dsrgo the painful ordeal Of legal scruit.
inv into his conduct. And while the
arraignment Of an innocent person be.
fore the "bar Of justice" may seem to be
an outrage upon personal feeling, yet the
individual sense Of injured innocence,
must be subservient to the paramount and
weightier considerations Of public in
terests. The just and reasonable de-
mands Of society, at large, require Of us,
as officers, the entire abandonment Of all
personal actuation in the exercise Of the
statutory functions prescribed a. our
legal duties. The theory Of rewards and
punishmsnts, ID founded upon the in
flexible and immutable laws Of the
Almighty. The upright have their
reward in the fruits Of righteous OBJ
seryance Of the divine laws of christian
morality, and the transgisssor Of natures
laws cannot evade or avert the penalties,
which are sure to follow. In the divine
economy, the punishment for violations
Of law, il inevitable, and operates rs the
natural result Of the trausgression !; but,
10 the system ofhuman jurisprudence, off
GERS are designated, and bound by volumn
oath, to ai]ix and enforce the penalties
prescribed by statute. In the officers Of
commonwealth or community, from. the
highest to the lowest station, is vested
the will and the power Of the people;
and, Of such officers as are entrusted with
the execution OF the laws, the people,
rightfully expect, strict adherance to
official duty; ss the maintenance and
prosperity Of nations, states and com.
muuities, depend upon strict obser-
vance Of the laws and rules, which con-
stitute the groundwork and superstruo-
ture Of the nation, state or community,
itself. II is not within the province of a
judicial sficer to say, / will render judg-
ment in favor Of my friend, or I shall
decide against my enemy. Neither can
magistrate ray to defendant, whose
guilt is either certain or very probable,
I will forgive you this time, but you
must not do 80 again. A magistrate or
Judge, in his official capacity, is not a
man, except in the sense Of manliueu and
manly devotion to his superior trust.
Notwithstanding the Aexibility Of rules
Of evidence, and the general latitude
allowed in preliminary matters before a
magistrate, his official prerogatives are
circumscribed BY the stern demands Of
justice, and he must exercise sufficient
judicial inquiry into criminal charge,
to see that the law is upheld, and the
rights ofthe people..maintained. The dis.
charge Of a guilty defendant, even upon q
complaint for petty offense, may operate
as serious outrage upon the public; in
asmuch as the inferior crime passes unre-
buked, and thus apparently receiving legal
sanction, encourages the guilty perpetrator
to the commission Of graver offenses, in
the broadIfeld Of criminality. Moreover,
it opens the avenues Of crime to Others,
who observe that the wicked exploits Of a
comrade, 60 unfinished. A simple doubt
in the mind OF magistrate, Is to the
guilt Of defendant, win MT waTrast !
discharge from arrest, and the .sreasona.
bic doubt" which frequently iuterpose.
in behalf ofa defendant, and secures his
acqaittal, appertaius, solely, to the yer.
dict Of jury, upon a trial Of the cause.
The charge, against the accused, should
appear, in your mind, to b 80 palpably
unfoundsd in fact, a. 10 occasion clea,
conception Of bis innocence; for, should
you fud probable cause to believe him
guilty Of the crime. alleged, or Of any
other crime, under our laws, you ought T.
submit his case to the intervention Of q
grand jury. As constant vigilance i.
the price OF liberty )" so is uuswerthine
fidelity to lawful duty, the price ofpeace,
good order and christian fellowship in
community.
1t is your privilege to have tho assist
ancs of prosecuting counsel, if desirable
and necessary, in your examinations into
criminal charges. And, in the consid
Grafton of causes Of serious magnitude
and where the resistance Of counsel is
impor.uned on the part Of the defense,
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